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Protesters Prevail Over PennEast Pipeline Project https://www.commondreams.org/news/2021/09/27/momentous-win-years-local-opposition-defeats-penneast-pipeline #peoplearerevolting twitter.com/peoplerevolting Peoplearerevolting.com movingtrainradio.com
FERC expert Carolyn Elefant joins us to discuss the recent U.S. Supreme Court opinion in PennEast Pipeline Co. v. New Jersey. As always, she brings great insight. This case discusses, among other things, the balance between state rights and the federal power to condemn. A copy of the opinion can be found here: https://www.supremecourt.gov/opinions/20pdf/19-1039_8n5a.pdf We discuss Carolyn's blog site, My Shingle, which can be found here: https://myshingle.com/ Please share your thoughts on the show or this episode with me. I'm on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know. My webpage bio is here: http://www.dawsonsodd.com/attorneys/clint-schumacher/
PennEast Pipeline Co. v New Jersey was a United States Supreme Court case dealing with the sovereign immunity of states to delegated powers of eminent domain granted to private companies from federal agencies, in the specific case, acquiring property for the right-of-way to build a natural gas pipeline. The Court, in a 5–4 decision issued in June 2021, ruled that states, by nature of ratifying the Constitution, gave up their ability to exercise sovereign immunity from the federal government or from those parties whom they have delegated that authority. Background. The PennEast Pipeline was proposed by the PennEast Pipeline Co., a consortium of five regional energy companies, to move up 1 million cubic feet (28,000 m3) of natural gas from the Marcellus Shale formation in Pennsylvania to New Jersey over a distance of about 115 miles. As part of the approvals and permitting process, the consortium got approval from the Federal Energy Regulatory Commission (FERC) for their proposed pipeline route in 2018. FERC's approval included the ability for PennEast to use eminent domain to obtain parcels of property along the route under terms of the Natural Gas Act of 1938 and its 1947 amendment to 15 U.S.C. §717f(e). This approval was met with numerous criticisms by New Jersey and other respondents, and a separate suit challenging the FERC's order was raised at the United States Court of Appeals for the District of Columbia Circuit. As the case challenging the FERC order proceeded, PennEast began legal action to use eminent domain power to acquire the land for the pipeline. About forty parcels of land were owned by the state of New Jersey and the New Jersey Conservation Foundation, and PennEast turned to court action to assert eminent domain. New Jersey requested these suits be dismissed on the basis of sovereign immunity, that the state should be immune from such a lawsuit by a private company. The United States District Court for the District of New Jersey denied the motion and allowed PennEast's suits to proceed. New Jersey appealed to the Third Circuit Court of Appeals, which reversed the District Court's ruling. The Third Circuit ruled that on the basis of the Eleventh Amendment to the United States Constitution, states did enjoy sovereign immunity from private lawsuits, blocking the process of PennEast's suits. --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app
On June 29, 2021, the Supreme Court held that the Eleventh Amendment did not bar Penneast Pipeline Co., exercising federal eminent domain authority under the Natural Gas Act, from suing the State of New Jersey to acquire state-owned property to construct a natural gas pipeline. The Supreme Court rejected New Jersey's arguments that the federal eminent domain power had not been properly delegated to PennEast, and even if the authorization were appropriate, the State's sovereign immunity precluded this federal court suit. The federal government has always had the supreme power to condemn state property,the Court ruled, and the tradition of delegating this power to build public infrastructure goes back to the days of the nation's founding. Penneast was represented by former Solicitor General, Paul Clement.Chief Justice Roberts delivered the opinion of the Court, joined by Justices Breyer, Alito, Sotomayor and Kavanaugh. Justice Gorsuch filed a dissent joined by Justice Thomas. Justice Barrett filed a dissent joined by Justices Thomas, Kagan, and Gorsuch. Featuring: -- Paul D. Clement, Partner, Kirkland & Ellis LLP -- Roger J. Marzulla, Partner, Marzulla Law
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The Supreme Court issued its final decisions today and Jami Floyd, senior editor for race and justice and legal editor at WNYC, offers her analysis of the 6-3 opinion by Justice Alito (and a strong dissent from Justice Kagan) upholding Arizona's voting laws. Plus, the decision to allow PennEast to take state land over New Jersey's objection, and other legal news from the past 24 hours: the surrender for arrest by the Trump Organization CFO and the release of Bill Cosby.
Chris Garaffa, web developer, technologist, security and privacy consultant, talks to us about Iran's Press TV news site, along with 3 dozen other sites from Iran, being taken down by the U.S. Department of Justice over allegations that these were spreading disinformation and the validity of this, the accusations about election interference, and whether the DOJ will stop at Iran, or use that as an excuse to shut down media from a number of official enemies.Emily Satterwhite, volunteer activist at Appalachians Against Pipelines, tells us about the fight against the Mountain Valley Pipeline in Virginia, how it's already $2.5 billion over budget, and how it's incurring extra costs of $20 million per month. We also talk about a case being heard by the Supreme Court related to the PennEast Pipeline that will decide if the government can use eminent domain to give public lands to pipeline developers.Nick Cruse, cofounder of Fred Hampton Leftists and citizen journalist focusing on covering state violence, the class war, and foreign policy, talks to us about how the leftist politics and movements are defined in the country, and whether the term is really applicable to politicians who are centrist. We also talk about the voting rights bill that was stalled in the Senate by intra-fighting by the Democrats, and whether they have the best interests at heart for disenfranchised voters in the country.Mónica Cruz, producer, host and labor beat reporter for BreakThrough News, joins us to talk about the workers for the Warrior Met coal mining company in Alabama going on strike now for months, news that the Teamsters are set to vote on a resolution to make helping Amazon workers achieve unionization, and how retail workers are quitting en masse due to miserable pay and bad working conditions.Nate Wallace, creator and co-host of the podcast Redspin Sports, talks to us about the Supreme Court ruling unanimously against the NCAA's limits on education-related perks for college athletes and the sticky baseball situation in Major League Baseball.
Follow Dan on LinkedIn at linkedin.com/in/cotterdan Follow Pat on LinkedIn at https://www.linkedin.com/in/donald-patrick-eckler-69880814/ Follow the show at: https://www.linkedin.com/company/podium-and-panel-podcast Predictions Sure to Go Wrong: Carter Page: Affirm Continental Western: affirm PennEast: reversed Sun-Times: reversed Oral argument in Carter Page can be found here: http://media.ca7.uscourts.gov/sound/external/ds.20-2781.20-2781_04_21_2021.mp3 Pat's post on the oral argument in Carter Page is here: https://www.linkedin.com/posts/donald-patrick-eckler-69880814_civilprocedure-lawfirm-law-activity-6792756599959171072-8my5/ The link to the oral argument in Continental v. Country is here: http://media.ca7.uscourts.gov/sound/external/ds.20-2962.20-2962_04_21_2021.mp3 Pat's post on the oral argument in Continental is here: https://www.linkedin.com/posts/donald-patrick-eckler-69880814_attorneys-lawyers-insurers-activity-6793121023089790976-3-UF/ The oral argument in Penneast is here: The oral argument before SCOTUS is here: https://www.supremecourt.gov/oral_argument/audio/2020/19-1039 The oral argument in the Sun-Times case can found here: https://multimedia.illinois.gov/court/AppellateCourt/Audio/2021/1st/050621_1-19-2028.mp3 The FOIA statute is here: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=85&ChapterID=2 Pat's post on the oral argument in the Sun-Times case is here: https://www.linkedin.com/posts/donald-patrick-eckler-69880814_foia-activity-6796384863726428160-a5TQ/ --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app
On April 28, 2021, the Supreme Court will hear oral argument in the case of PennEast Pipeline LLC v. New Jersey. In this case, the Court will address the conflict between state sovereign immunity secured to the states by the Eleventh Amendment and the Federal Natural Gas Act which authorizes certain private actors to exercise Federal eminent domain power. In this case, PennEast Pipeline used the Act to take forty-two New Jersey properties in order to build a pipeline. New Jersey fought the taking, arguing that PennEast was not appropriately authorized under the Act and even if the authorization were appropriate, sovereign immunity applied. The District Court sided with PennEast, finding the exercise of eminent domain was authorized. The Third Circuit disagreed, holding that even though the authorization under the Act was appropriate, the Act does not abrogate state sovereign immunity. The Supreme Court takes up the question whether the Natural Gas Act does delegate federal eminent domain power and if so, whether that delegation removes Eleventh Amendment state sovereign immunity. Featuring: -- Hon. Paul D. Clement, Partner, Kirland & Ellis LLP -- Moderator: Roger J. Marzulla, Partner, Marzulla Law
QUESTION PRESENTED:(1) Whether the Natural Gas Act delegates to Federal Energy Regulatory Commission certificate-holders the authority to exercise the federal government’s eminent-domain power to condemn land in which a state claims an interest; and (2) whether the U.S. Court of Appeals for the 3rd Circuit properly exercised jurisdiction over this case.DateProceedings and Orders (key to color coding)Jan 24 2020 | Application (19A836) to extend the time to file a petition for a writ of certiorari from February 3, 2020 to March 4, 2020, submitted to Justice Alito.Jan 27 2020 | Application (19A836) granted by Justice Alito extending the time to file until March 4, 2020.Feb 18 2020 | Petition for a writ of certiorari filed. (Response due March 23, 2020)Mar 09 2020 | Blanket Consent filed by Petitioner, PennEast Pipeline Company, LLC.Mar 20 2020 | Brief amicus curiae of Marcellus Shale Coalition and Pennsylvania Independent Oil & Gas Association filed.Mar 20 2020 | Brief amicus curiae of Industrial Energy Consumers of America filed.Mar 23 2020 | Brief amicus curiae of Columbia Gas Transmission, LLC filed.Mar 23 2020 | Brief amici curiae of Pennslvania Manufacturers' Association, et al. filed.Mar 23 2020 | Brief amici curiae of United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, et al. filed.Mar 23 2020 | Waiver of New Jersey Conservation Foundation of right to respond not accepted for filing. (March 24, 2020)Mar 23 2020 | Waiver of right of respondent New Jersey Conservation Foundation to respond filed.Mar 23 2020 | Brief amicus curiae of Consumer Energy Alliance filed.Mar 23 2020 | Brief amicus curiae of Energy Equipment and Infrastructure Alliance filed.Mar 23 2020 | Brief amici curiae of Interstate Natural Gas Association of America, American Gas Association, American Petroleum Institute filed.Mar 23 2020 | Brief amici curiae of The Chamber of Commerce of the United States of America and the Pennsylvania Chamber of Business and Industry filed.Mar 23 2020 | Waiver of right of respondents State of New Jersey; NJ Department of Envrionmental Protection, et al. to respond filed.Apr 01 2020 | DISTRIBUTED for Conference of 4/17/2020.Apr 13 2020 | Response Requested. (Due May 13, 2020)Apr 30 2020 | Motion to extend the time to file a response from May 13, 2020 to June 12, 2020, submitted to The Clerk.Apr 30 2020 | Response to motion from petitioner PennEast Pipeline Company, LLC filed.May 01 2020 | Motion to extend the time to file a response is granted in part; the time is extended to and including June 2, 2020, for all respondents.Jun 02 2020 | Brief of respondents State of New Jersey; NJ Department of Envrionmental Protection, et al. in opposition filed.Jun 02 2020 | Waiver of right of respondent New Jersey Conservation Foundation to respond filed.Jun 03 2020 | Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.Jun 09 2020 | DISTRIBUTED for Conference of 6/25/2020.Jun 09 2020 | Reply of petitioners PennEast Pipeline Company, LLC filed. (Distributed)Jun 29 2020 | The Solicitor General is invited to file a brief in this case expressing the views of the United States.Dec 09 2020 | Brief amicus curiae of United States filed.Dec 23 2020 | Supplemental brief of respondents State of New Jersey; NJ Department of Envrionmental Protection, et al. filed.Jan 07 2021 | DISTRIBUTED for Conference of 1/22/2021.Feb 03 2021 | Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Did the Court of Appeals properly exercise jurisdiction over this case? The case will be set for argument in the April 2021 argument session.Feb 05 2021 | Blanket Consent filed by Petitioner, PennEast Pipeline Company, LLCFeb 08 2021 | Joint motion to set the briefing schedule filed by the parties.Feb 10 2021 | Joint motion to set the briefing schedule GRANTED. Petitioner's brief on the merits will be filed on or before March 1, 2021. Respondents briefs on the merits will be filed on or before March 31, 2021. The reply brief will be filed in compliance with Rule 25.3.Feb 22 2021 | Blanket Consent filed by Respondent, New Jersey Conservation FoundationMar 01 2021 | Brief of petitioner PennEast Pipeline Company, LLC filed.Mar 01 2021 | Joint appendix (two volumes) filed.Mar 04 2021 | Blanket Consent filed by Respondent, State of New Jersey; NJ Department of Envrionmental Protection, et al.Mar 08 2021 | Brief amici curiae of The Chamber of Commerce of the United States of America and the Pennsylvania Chamber of Business and Industry filed.Mar 08 2021 | Brief amicus curiae of Columbia Gas Transmission, LLC filed.Mar 08 2021 | Brief amici curiae of United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, et al. filed.Mar 08 2021 | Brief amicus curiae of Energy Equipment and Infrastructure Alliance filed.Mar 08 2021 | Brief amici curiae of Pennslvania Manufacturers' Association and the New Jersey Business & Industry Association filed.Mar 08 2021 | Brief amicus curiae of United States filed.Mar 08 2021 | Brief amici curiae of Interstate Natural Gas Association of America, American Gas Association, American Petroleum Institute filed.Mar 08 2021 | Brief amici curiae of Marcellus Shale Coalition and Pennsylvania Independent Oil & Gas Association filed.Mar 12 2021 | SET FOR ARGUMENT on Wednesday, April 28, 2021.Mar 15 2021 | Record requested.Mar 30 2021 | CIRCULATEDMar 31 2021 | Brief of respondent New Jersey Conservation Foundation filed. (Distributed)Mar 31 2021 | Brief of respondents New Jersey, et al. filed. (Distributed)Mar 31 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Apr 07 2021 | Brief amici curiae of State of Oregon, et al. filed. (Distributed)Apr 07 2021 | Brief amicus curiae of Institute for Justice filed. (Distributed)Apr 07 2021 | Brief amici curiae of The Council of State Governments, et al. filed. (Distributed)Apr 16 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.Apr 16 2021 | Reply of petitioner PennEast Pipeline Company, LLC filed. (Distributed)Apr 28 2021 | Argued. For petitioner: Paul D. Clement, Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Jeremy M. Feigenbaum, Counsel to the Attorney General, Trenton, N. J.★ Support this podcast on Patreon ★
In this week’s energy podcast, Senior Portfolio Manager Quinn Kiley discusses:Updates on the PennEast pipeline and Dakota Access Pipeline court casesHow energy companies are tackling low hanging fruit to reduce their carbon footprintsEarnings announcements from midstream companies indicate that markets are recovering from the pandemicDownload Transcript
Penneast Pipeline Co. v. New Jersey | 04/28/21 | Docket #: 19-1039
A case in which the Court will decide whether the Natural Gas Act delegates to Federal Energy Regulatory Commission certificate-holders the authority to exercise the federal government’s eminent-domain power to condemn land in which a state claims an interest, and whether it also abrogates state sovereign immunity in such cases.
A case in which the Court held that the Natural Gas Act delegates to Federal Energy Regulatory Commission certificate-holders the authority to exercise the federal government's eminent-domain power to condemn land in which a state claims an interest, and that it abrogates state sovereign immunity in such cases.
Penneast Pipeline Co. v. New Jersey
The Supreme Court wraps up its April sitting with another full week of arguments ranging from free speech to environmental law to immigration. A student's right to express herself on social media about her high school while on her own time and away from campus, and a California requirement that charities disclose top donors are at the heart of the court's free speech cases. Both garnered amicus support from across the ideological spectrum. But environmental cases also take center stage this week, with arguments on Superfund cleanups, renewable fuel standards, and the PennEast pipeline. Cases and Controversies hosts Kimberly Robinson and Jordan Rubin preview the action. They'll also recap the latest opinions and take a look at Justice Amy Coney Barrett's $2 million book advance and some of the criticisms surrounding the deal.
This week's episode covers the PennEast's eminent domain issue, FERC allowing additional briefing on construction under the Natural Gas Act, the Enbridge energy line replacement, the Seattle City 2018 Energy Code, a delay with the effective date of the Migratory Bird Rule, and the Treasury Bureau delaying publishing a rule that could affect the Oil and Gas industry. Host: Sara Jenkins, Research Assistant Editor: Erin M. Lieberman, Research Assistant For a print version, see the Shale Law Weekly Review. Follow us on Twitter @AgShaleLaw Like us on Facebook Penn State Center for Agricultural and Shale Law Music is “Caazapá (Aire Popular Paraguayo)” by Edson Lopes and is licensed under CC BY 3.0.
This week, DVJ editor Todd Shepherd talks With PA Manufacturers’ Association CEO David N. Taylor about the PennEast pipeline, and a recent court development that will determine the pipeline’s ultimate fate in New Jersey.Hosted by Michael Graham of InsideSources.
This week's episode covers a decision by a Colorado District Court, dismissing a lawsuit challenging an air quality emissions regulation which affected oil and gas producers; the issuance of a notice of intent to prepare a SEIS for the Mountain Valley Pipeline; FERC's issuance of a notice of availability on the Environmental Assessment for the PennEast pipeline amendment project; a stay of an injunction by the U.S. Court of Appeals for the District of Columbia which had required the shutdown and emptying of the Dakota Access Pipeline; a judgment by the District Court for the District of Columbia denying a Motion to Enforce the 2016 federal royalty rule; and the dismissal of a lawsuit by the U.S. Court of Appeals for the Tenth Circuit, challenging the "2016 rule" relating to federal royalties. Host: Sara Jenkins, Research Assistant Editor: Kaela Gray, Research Assistant For a print version, see the Shale Law Weekly Review for August 10, 2020. Follow us on Twitter @AgShaleLaw Like us on Facebook Penn State Center for Agricultural and Shale Law Music is “Caazapá (Aire Popular Paraguayo)” by Edson Lopes and is licensed under CC BY 3.0.
In this episode, we will be discussing updates from the U.K., the PennEast pipeline, methane emissions in California, and the Paris Agreement. This week's hosts: Research Assistant, Lisa Cumming Staff Attorney, Jackie Schweichler Music is “Caazapá (Aire Popular Paraguayo)” by Edson Lopes and is licensed under CC BY 3.0.
T. Christian Miller In Episode 16, T. Christian Miller of ProPublica joins us to talk about ProPublica’s series of articles on the Border Wall. The excellent series can be found here: https://www.propublica.org/series/the-taking In our opening statement, we discuss the new pipeline project by PennEast running from Pennsylvania to New Jersey. More information can be found at PennEast’s website: http://penneastpipeline.com/news/ Also, please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. My webpage bio is here: http://www.lockelord.com/professionals/s/schumacher-j-clint The post Podcast Episode 16 – Tales from the Border Wall with T. Christian Miller appeared first on Eminent Domain Podcast.
A natural gas pipeline connecting Pennsylvania's Marcellus Shale region to lower parts of the state and New Jersey has received conditional federal approval, and now, landowners in its path are faced with the choice to grant the company access to their property, or be taken to court. In this episode, Morning Call reporter Christina Tatu discusses the history and future of the proposed PennEast pipeline, and landowners weigh in on the issue at a rally held at a local farm. Valley View is a production of The Morning Call in Allentown, Pennsylvania, sponsored by the Lehigh Center for Clinical Research. Music in this episode is by George Beck, Lee Rosevere and Moritz Schmittat.
Featuring the ongoing investigation into 19 year old Readington Township resident Timothy Piazza's death at Penn State and the University's response to the incident, the passing of America's oldest living person who lived and died right here in Hunterdon County, and PennEast's apparent "alternate facts" about their plans to run their fracked gas pipeline through Bucks County. Click this link to listen now!
Original Airdate: 11-02-16. Host Mike Spille interviews Tullis Onstott, Professor of Geosciences at Princeton University. Tullis discusses geology and the PennEast pipeline, in particular new studies pointing to risks of pipelines going through arsenic "hot spots" like like the ones in our area of Hunterdon County.
Featuring the peaceful anti-PennEast hike and rally last weekend in Riegelsville, a Philadelphia man is arrested in Lambertville's CVS parking lot for selling stolen goods on Ebay, and a record breaking opening day bear hunt in the Garden State this year. Click here for our livestream digital radio feed now: http://www.greenbirdievideo.com/panjradio/player/
Featuring QuickCheck's $160-thousand dollar check to help post 9-11 service members and their families, a new Islamic Mosque groundbreaking in Flemington, and info on your last chance to submit a letter to FERC opposing PennEast's plan to run their fracked gas pipeline just 200 feet from the fresh water source for Lambertville. Click here for our livestream digital radio feed now: http://www.greenbirdievideo.com/panjradio/player/
Featuring the big lie PennEast officials allegedly made to SUEZ Water about Lambertville's water supply safety, a new distillery opening in Raritan, Frenchtown's RiverFest this weekend, and a brown booby sighting at Spruce Run Reservoir. Click here for our livestream digital radio feed now: http://www.greenbirdievideo.com/panjradio/player/
Rob Bell host. A discussion about the PennEast Pipeline, is it good for our region? Featuring guests Jeff Tittel, director of the non-profit New Jersey Sierra Club and Mike Spille, author of the blog "The Cost of the Pipeline. Jeff and Mike discuss Lambertville's involvement in the pipeline discussion.